ENVIRONMENT AND HERITAGE LEGISLATION AMENDMENT ACT (NO. 1) 2003 - SCHEDULE 1 Amendments relating to the National Heritage List and Commonwealth Heritage List

(fa) includes provisions to identify places for inclusion in the National Heritage List and Commonwealth Heritage List and to enhance the protection, conservation and presentation of those places; and

(1) A constitutional corporation, the Commonwealth or a Commonwealth agency must not take an action that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place.

take an action that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place.

that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place.

(4) A person must not take an action that has, will have or is likely to have a significant impact on the National Heritage values, to the extent that they are indigenous heritage values, of a National Heritage place.

(5) A person must not take an action that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place in an area in respect of which Australia has obligations under Article 8 of the Biodiversity Convention.

(6) Subsection (5) only applies to actions whose prohibition is appropriate and adapted to give effect to Australia's obligations under Article 8 of the Biodiversity Convention. (However, that subsection may not apply to certain actions because of subsection (8).)

(7) A person must not take outside the Australian jurisdiction an action that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place outside the Australian jurisdiction.

(a) an approval of the taking of the action by the constitutional corporation, Commonwealth agency, Commonwealth or person is in operation under Part 9 for the purposes of this section; or

(b) Part 4 lets the constitutional corporation, Commonwealth agency, Commonwealth or person take the action without an approval under Part 9 for the purposes of this section; or

(c) there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

(d) the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process).

(1) A constitutional corporation, or a Commonwealth agency that does not enjoy the immunities of the Commonwealth, is guilty of an offence if:

(b) the action results or will result in a significant impact on the National Heritage values of a National Heritage place.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(2) A constitutional corporation, or a Commonwealth agency that does not enjoy the immunities of the Commonwealth, is guilty of an offence if:

(b) the action is likely to have a significant impact on the National Heritage values of a National Heritage place; and

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(c) the action results or will result in a significant impact on the National Heritage values of a National Heritage place.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(c) the action results or will result in a significant impact on the National Heritage values of a National Heritage place.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(b) the action results or will result in a significant impact on the National Heritage values, to the extent that they are indigenous heritage values, of a National Heritage place.

Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(b) the action is likely to have a significant impact on the National Heritage values, to the extent that they are indigenous heritage values, of a National Heritage place; and

Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(b) the action results or will result in a significant impact on the National Heritage values of a National Heritage place; and

(c) the National Heritage place is in an area in respect of which Australia has obligations under Article 8 of the Biodiversity Convention.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(b) the action is likely to have a significant impact on the National Heritage values of a National Heritage place; and

(c) the National Heritage place is in an area in respect of which Australia has obligations under Article 8 of the Biodiversity Convention; and

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(c) the action results or will result in a significant impact on the National Heritage values of a National Heritage place; and

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(13) An offence against any of subsections (1) to (12) (inclusive) is punishable on conviction by imprisonment for a term not more than 7 years, a fine not more than 420 penalty units, or both.

Note 1: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

Note 2: An executive officer of a body corporate convicted of an offence against this section may also be guilty of an offence against section 495.

(14) Subsections (9) and (10) only apply to actions whose prohibition is appropriate and adapted to give effect to Australia's obligations under Article 8 of the Biodiversity Convention. (However, those subsections may not apply to certain actions because of subsection (16).)

(15) Section 14.1 (standard geographical jurisdiction) of the Criminal Code does not apply to an offence created by this section.

(a) an approval of the taking of the action by the constitutional corporation, Commonwealth agency or person is in operation under Part 9 for the purposes of this section; or

(b) Part 4 lets the constitutional corporation, Commonwealth agency or person take the action without an approval under Part 9 for the purposes of this section; or

(d) the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process).

Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .

Note 1: This section protects (among other things) the Commonwealth Heritage values of a Commonwealth Heritage place on Commonwealth land, because the heritage values of a place are part of the environment. See the definition of environment in section 528.

Note 2: Section 28 regulates actions by the Commonwealth or a Commonwealth agency with a significant impact on the environment.

Note 2: This section protects (among other things) the Commonwealth Heritage values of a Commonwealth Heritage place on Commonwealth land, because the heritage values of a place are part of the environment. See the definition of environment in section 528.

Note 3: Section 28 regulates actions by the Commonwealth or a Commonwealth agency with a significant impact on the environment.

(1) A person must not take outside the Australian jurisdiction an action that has, will have or is likely to have a significant impact on the environment in a Commonwealth Heritage place outside the Australian jurisdiction.

(a) an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or

(b) Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or

(d) the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process).

Note: Subdivision F of Division 1 and Subdivision A of this Division protect the environment in Commonwealth Heritage places inside the Australian jurisdiction because those places are in Commonwealth marine areas or on Commonwealth land.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(3) An offence against subsection (1) or (2) is punishable on conviction by imprisonment for a term not more than 2 years, a fine not more than 120 penalty units, or both.

Note 1: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

Note 2: An executive officer of a body corporate convicted of an offence against this section may also be guilty of an offence against section 495.

(4) Section 14.1 (standard geographical jurisdiction) of the Criminal Code does not apply to an offence created by this section.

(a) an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or

(b) Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or

(d) the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process).

Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .

Note: So far as those Subdivisions have effect in relation to places and actions outside the Australian jurisdiction, those Subdivisions apply only to persons with a jurisdictional connection with Australia or the external Territories. See subsection 5(3) of that Act.

(2) Neither Subdivision applies to a particular action if, before the commencement of this Schedule, the Minister has decided under section 75 of that Act whether the action is a controlled action (whether the decision was that the action is a controlled action or that the action is not a controlled action).

Note 1: This section protects (among other things) the Commonwealth Heritage values of a Commonwealth Heritage place from an action taken by the Commonwealth or a Commonwealth agency, because the heritage values of a place are part of the environment. See the definition of environment in section 528.

Note 2: This section does not apply to decisions to authorise activities. See Subdivision A of Division 1 of Part 23.

(1) The regulations may provide that a specified action is taken to be an action to which a specified regulatory provision applies.

(2) To avoid doubt, if, as a result of a regulation made for the purposes of subsection (1), a regulatory provision applies to an action, the action is taken to be described in the provision.

(1) The Minister may make a declaration under section 33 relating to a National Heritage place only if:

(a) the Minister is satisfied that the declaration will promote the management of the place in accordance with the National Heritage management principles; and

(b) the declaration meets the requirements (if any) prescribed by the regulations.

(2) The Minister may accredit a management plan under section 33 for the purposes of such a declaration only if he or she is satisfied that the management plan will promote the management of the place concerned in accordance with the National Heritage management principles.

(1) The Minister may make a declaration under section 33 relating to a Commonwealth Heritage place only if:

(a) the Minister is satisfied that the declaration will promote the management of the place in accordance with the Commonwealth Heritage management principles; and

(b) the declaration meets the requirements (if any) prescribed by the regulations.

(1) The Minister may enter into a bilateral agreement containing a provision relating to a National Heritage place only if:

(a) the Minister is satisfied that the agreement will promote the management of the place in accordance with the National Heritage management principles; and

(b) the provision meets the requirements (if any) prescribed by the regulations.

(2) The Minister may accredit a management plan under section 46 for the purposes of such a bilateral agreement only if he or she is satisfied that the plan will promote the management of the place concerned in accordance with the National Heritage management principles.

(1A) As soon as practicable after receiving a referral of a proposal to take an action, the Environment Minister must:

(b) invite the Commission to give the Minister comments within 10 business days (measured in Canberra ) on whether the proposed action is a controlled action;

if the Minister thinks that section 15B, 15C, 23, 24A, 26, 27A, 27B, 27C or 28 could be a controlling provision for the action because of the indigenous heritage value of a National Heritage place or Commonwealth Heritage place.

Note 1: Subsections 15B(4) and subsections 15C(7) and (8) protect the National Heritage values of National Heritage places, to the extent that those values are indigenous heritage values.

Note 2: Sections 23, 24A, 26, 27A, 27B, 27C and 28 protect the environment, which includes the heritage values of places. See the definition of environment in section 528.

In deciding whether or not to approve for the purposes of section 15B or 15C the taking of an action, and what conditions to attach to such an approval, the Minister must not act inconsistently with:

(b) an agreement to which the Commonwealth is party in relation to a National Heritage place; or

(c) a plan that has been prepared for the management of a National Heritage place under section 324S or as described in section 324X.

(a) conservation agreements between the Commonwealth and persons related to the protection and conservation of the following:

After "biodiversity" (last occurring), insert ", those heritage values or both of those things".

(1) The Minister may, on behalf of the Commonwealth, enter into an agreement (a conservation agreement ) with a person for the protection and conservation of all or any of the following:

(b) the world heritage values of a declared World Heritage property in the Australian jurisdiction;

(d) the Commonwealth Heritage values of a Commonwealth Heritage place (whether inside or outside the Australian jurisdiction).

(1A) The protection and conservation of the matters in subsection (1) include all or any of the following:

(a) the protection, conservation and management of any listed species or ecological communities, or their habitats;

(b) the management of things in a way necessary for the protection and conservation of:

Note: When the Minister is considering entering into a conservation agreement, the Minister must take into account any responsibilities of other Commonwealth Ministers that may be affected by the agreement.

(2) However, the Minister must not enter into a conservation agreement unless satisfied that:

(a) in the case of a proposed agreement wholly or partly for the protection and conservation of biodiversity--the agreement:

(ii) is not inconsistent with a recovery plan, threat abatement plan or wildlife conservation plan; and

(b) in the case of a proposed agreement wholly or partly for the protection and conservation of heritage values--the agreement:

(i) will result in a net benefit to the conservation of those heritage values; and

(ii) is not inconsistent with at least one of the Australian World Heritage management principles, the National Heritage management principles and the Commonwealth Heritage management principles.

(3) For the purposes of subsection (2), in deciding whether a proposed agreement will result in a net benefit to the conservation of biodiversity or heritage values, the Minister must have regard to the matters (if any) prescribed by the regulations.

Matters prescribed for the purposes of section 305 of the Environment Protection and Biodiversity Conservation Act 1999 immediately before the commencement of this Schedule are taken to be, immediately after the commencement of this Schedule, matters prescribed for the purposes of that section as amended by this Schedule.

After "agreement", insert "that is wholly or partly for the protection and conservation of biodiversity".

(a) activities that promote the protection and conservation of all or any of the following:

(b) controlling or prohibiting, in any place covered by the agreement, actions or processes that might adversely affect:

(i) the species, ecological communities, habitats or potential habitats covered by the agreement; or

(a) requiring the owner to carry out specified activities, or to do specified things, that promote the conservation of all or any of the following:

(b) restricting the use of the place, or requiring the owner to refrain from, control or refuse to permit, actions or processes that may adversely affect:

(i) the species, ecological communities, habitats or potential habitats covered by the agreement; or

The Minister may only include a place in the National Heritage List if the Minister is satisfied that the place has one or more National Heritage values.

The Minister must ask the Australian Heritage Council for an assessment of the place's National Heritage values and may invite public comments on the proposed inclusion of the place in the National Heritage List.

The Minister must make plans to protect and manage the National Heritage values of National Heritage places. The Commonwealth and Commonwealth agencies must not contravene those plans.

The Commonwealth must try to prepare and implement plans for managing other National Heritage places, in co - operation with the States and self - governing Territories.

The Commonwealth and Commonwealth agencies have duties relating to National Heritage places in States and Territories.

The Commonwealth can provide assistance for the identification, promotion, protection or conservation of National Heritage places.

Note: Section 15B prohibits an action that has a significant impact on the National Heritage values of a National Heritage place, unless the person taking the action has the approval of the Minister or certain other requirements are met.

This Division extends to places, acts and omissions outside the Australian jurisdiction, except so far as the contrary intention appears.

(1) The Minister must keep a written record of places and their heritage values in accordance with this Subdivision. The record is called the National Heritage List .

Note: Later provisions of this Subdivision explain what places and heritage values are included in the National Heritage List.

(2) A place may be included in the National Heritage List only if the Minister is satisfied that the place has one or more National Heritage values. A place that is included in the National Heritage List is called a National Heritage place .

(1) A place has a National Heritage value if and only if the place meets one of the criteria (the National Heritage criteria ) prescribed by the regulations for the purposes of this section. The National Heritage value of the place is the place's heritage value that causes the place to meet the criterion.

(2) The National Heritage values of a National Heritage place are the National Heritage values of the place included in the National Heritage List for the place.

(4) To avoid doubt, a criterion prescribed by the regulations may relate to one or more of the following:

(1) A person may, in accordance with the regulations (if any), nominate to the Minister a place for inclusion in the National Heritage List.

(2) The Minister must give the Chair of the Australian Heritage Council a written request for the Council to assess under section 324G whether the place meets any of the National Heritage criteria, unless the Minister rejects the nomination under this section.

(3) If the Minister must give the Chair a request, he or she must give the request within 10 business days after receiving the nomination, unless:

(b) the Minister includes the place in the National Heritage List under section 324F (emergency listing) within that period.

(3A) Within 10 business days after giving the request to the Chair of the Australian Heritage Council, the Minister must publish on the Internet a brief description of the nomination.

(a) ask the person who nominated the place to provide additional information about the place within a specified period; and

(b) reject the nomination if the information is not provided within that period.

(5) If the Minister asks the person for additional information, the period in subsection (3) stops running on the day the Minister asks for that information until the day after that information is provided.

(6) The Minister may also reject the nomination if satisfied that it is vexatious, frivolous or not made in good faith.

(7) If the Minister rejects the nomination under this section, he or she must, as soon as reasonably practicable:

(7A) If the place is wholly or partly in a foreign country, the Minister must inform the following of the fact that the nomination has been made, unless the Minister rejects the nomination under this section:

(b) if another Minister has administrative responsibilities relating to the place (if it is wholly in a foreign country) or to a part of the place that is in a foreign country--that other Minister.

(8) To avoid doubt, a member of the Australian Heritage Council may make a nomination in accordance with this section on behalf of the Council. The Council may undertake research and investigations necessary for the purposes of nominating places to be included in the National Heritage List.

(9) The Minister may, by publishing a notice in accordance with the regulations, invite nominations of places within a specified theme.

(1) This section applies (despite subsection 324C(2)) if the Minister believes that:

(a) a place wholly in the Australian jurisdiction has or may have one or more National Heritage values; and

(2) The Minister may, by instrument published in the Gazette , include in the National Heritage List the place and the National Heritage values the Minister believes the place has or may have, whether or not the Minister has, under this Subdivision, given the Chair of the Australian Heritage Council a written request for the Council to assess under section 324G whether the place meets any of the National Heritage criteria.

(3) Within 10 business days after including the place in the National Heritage List under this section, the Minister must give the Chair of the Australian Heritage Council a written request for the Council to assess under section 324G whether the place meets any of the National Heritage criteria.

(4) However, subsection (3) does not apply if the Minister has already received from the Australian Heritage Council an assessment under section 324G whether the place meets any of the National Heritage criteria.

(5) If the Minister includes the place in the National Heritage List under this section, he or she must:

(a) within 10 business days, publish, on the Internet and in each other way required by the regulations (if any), a copy of the instrument published in the Gazette ; and

(i) identify each person who is an owner or occupier of all or part of the place; and

(ii) advise each person identified that the place has been included in the National Heritage List; and

(c) within 10 business days, advise each person (if any) who nominated the place or requested the Minister in writing to include the place in the List under this section that the place has been included in the List.

(6) If a person requests the Minister in writing to include a place in the National Heritage List under this section and the Minister has not done so within 10 business days after receiving the request, the Minister must:

(b) advise the person that the Minister has not included the place in the List; and

This subsection has effect (despite subsection (1)) whether or not the Minister has the belief described in that subsection in relation to the place and its heritage values (if any).

(1) The Minister may give the Chair of the Australian Heritage Council a written request for the Council to assess whether a place meets any of the National Heritage criteria, whether or not the place is the subject of a nomination.

(2) The Australian Heritage Council must give the Minister a written assessment whether a place meets any of the National Heritage criteria:

(a) within 12 months after the Minister gives the Chair of the Council (under this section or section 324E) the request for the assessment; or

(b) if the place is included in the National Heritage List under section 324F (emergency listing)--within 40 business days after the Minister gives the Chair of the Council (under that section) the request for the assessment.

(2A) If the Australian Heritage Council does not give the Minister the assessment within the period required by subsection (2) but makes all reasonable efforts to do so, the Minister may, by notice in writing, extend the period by up to 24 months.

(2B) If the Australian Heritage Council does not give the Minister the assessment within the period as extended under subsection (2A) but makes all reasonable efforts to do so, the Minister may, by notice in writing, further extend the period by up to 24 months.

(2C) Within 10 business days of extending the period by notice under subsection (2A) or (2B), the Minister must:

(b) give a copy of the notice to each person (if any) who nominated the place being covered by the assessment.

(3) The Australian Heritage Council, on its own initiative, may assess whether a place wholly in the Australian jurisdiction meets any of the National Heritage criteria, whether or not the place is the subject of a nomination. If the Council does so, it may give the assessment to the Minister.

(3A) Before giving the Minister an assessment under this section whether a place meets any of the National Heritage criteria, the Australian Heritage Council:

(i) stating that the Council is assessing whether the place meets any of the National Heritage criteria; and

(ii) inviting comments in writing, within a specified period that is reasonable having regard to the time by which the Council must give the assessment to the Minister, on whether the place meets any of the National Heritage criteria and whether the place should be included in the National Heritage List; and

(b) must consider, subject to subsection (5), the comments (if any) the Council receives within the period.

(4) If, in making an assessment, the Australian Heritage Council considers that a place within the Australian jurisdiction might have one or more National Heritage values, the Council must:

(i) to identify each person who is an owner or occupier of all or part of the place; and

(ii) if the Council considers the place might have an indigenous heritage value--to identify each indigenous person who has rights or interests in all or part of the place; and

(b) take all practicable steps to advise each person identified that the Council is assessing whether the place meets any of the National Heritage criteria; and

(c) give persons advised a reasonable opportunity to comment in writing whether the place should be included in the National Heritage List.

(5) In assessing whether a place meets any of the National Heritage criteria, the Australian Heritage Council must not consider any matter that does not relate to the question whether the place meets the National Heritage criteria.

(6) If the Minister requests the Australian Heritage Council to assess whether a place meets any of the National Heritage criteria, and the place is wholly or partly in a foreign country and not the subject of a nomination, the Minister must inform the following of the fact that the Council is making the assessment:

(b) if another Minister has administrative responsibilities relating to the place (if it is wholly in a foreign country) or to a part of the place that is in a foreign country--that other Minister.

(1A) This section applies if and only if, within 20 business days after the day on which the Minister receives from the Australian Heritage Council under section 324G an assessment whether a place meets any of the National Heritage criteria, the Minister decides that this section should apply. This section continues to apply even if the Minister revokes the decision.

(1) The Minister must publish, in accordance with the regulations (if any), a notice inviting comments on the inclusion or proposed inclusion of the place in the National Heritage List. The notice may specify:

(a) that comments should address particular matters relating to the inclusion or proposed inclusion of the place in the List; or

(2) The notice must be published within 20 business days after the day on which the Minister receives from the Australian Heritage Council an assessment under section 324G whether the place meets any of the National Heritage criteria.

(b) if the place is included in the National Heritage List under section 324F (emergency listing)--20 business days after the notice is published.

(4) The Minister may ask the Australian Heritage Council or a person with appropriate qualifications or expertise to assess the merits of any comments that are received by the Minister in accordance with the notice.

(5) On the first day on which the Minister publishes the notice, the Minister must publish, in accordance with the regulations (if any):

(b) a summary of the documents (if any), copies of which were given to the Minister by the Australian Heritage Council under that section with the assessment; and

(i) a statement (the listing proposal ) that the Minister proposes that the place be included in the National Heritage List;

(ii) a statement that the Minister proposes that the place not be included in the National Heritage List;

(iii) a statement that the Minister does not have a view whether or not the place should be included in the National Heritage List; and

(i) identifying the National Heritage values that the Minister proposes be included in the National Heritage List for the place; and

(1) After receiving from the Australian Heritage Council an assessment under section 324G whether a place, except one that is or includes a place included in the National Heritage List under section 324F (whether before, on or after receipt of the assessment), meets any of the National Heritage criteria, the Minister must:

(a) by instrument published in the Gazette , include in the National Heritage List the place and its National Heritage values specified in the instrument; or

Note 2: The Minister may include a place in the National Heritage List only if the Minister is satisfied that the place has one or more National Heritage values (see subsection 324C(2)).

Note 3: Section 324N deals with how additional National Heritage values may be included in the National Heritage List for a National Heritage place.

(a) within 20 business days after the day on which the Minister receives the assessment; or

(b) if section 324H applies in relation to the place--within 60 business days after the end of the period mentioned in paragraph 324H(3)(a) for the place.

However, this subsection does not apply if the place is wholly or partly outside the Australian jurisdiction.

(2A) The Minister must not include in the National Heritage List a place that is wholly or partly in a foreign country unless:

(a) the Minister is satisfied that the national government of the foreign country has agreed to the inclusion in the List of the place so far as it is in the country; and

(ii) if another Minister has administrative responsibilities relating to the place (if it is wholly in a foreign country) or to a part of the place that is in a foreign country--that other Minister;

of the proposal to include the place in the List and given the Ministers informed a reasonable opportunity to comment in writing whether the place should be included in the List; and

(3) If the Minister includes the place in the National Heritage List, he or she must, within a reasonable time:

(i) identify each person who is an owner or occupier of all or part of the place in the Australian jurisdiction ; and

(ii) advise each person identified that the place has been included in the National Heritage List; and

(b) if the place was nominated by a person--advise the person that the place has been included in the National Heritage List ; and

(4) If the Minister decides not to include in the National Heritage List a place (whether the decision is made after publishing a notice under section 324H or not), the Minister must:

(b) if the place was nominated by a person--advise the person within 10 business days of the decision and give the person written reasons for the decision ; and

(5) After receiving from the Australian Heritage Council an assessment under section 324G whether a place that is or includes a place (the listed place ) included in the National Heritage List under section 324F (whether before, on or after receipt of the assessment) meets any of the National Heritage criteria, the Minister must, by instrument published in the Gazette :

(i) state that the listed place remains in the National Heritage List with its boundary unaltered;

(ii) alter the boundary of the listed place described in the National Heritage List (whether or not the alteration results in an overall increase or decrease in the extent of the place included in the List);

(iii) remove from the National Heritage List the listed place and its National Heritage values; and

(b) if the listed place is not removed from the National Heritage List under subparagraph (a)(iii)--do all or any of the following:

(i) state that specified National Heritage values included in the List under section 324F for the place remain in the List for the place;

(ii) include in the List for the place specified National Heritage values of the place that were not included in the List under section 324F for the place;

(iii) remove from the List for the place specified National Heritage values that were included in the List under section 324F for the place.

(a) within 20 business days after the day on which the Minister receives the assessment; or

(b) if section 324H applies in relation to the place covered by the assessment--within 15 business days after the end of the period mentioned in subsection 324H(3) for the place.

However, this subsection does not apply if the place covered by the assessment is partly outside the Australian jurisdiction.

Note: Subsection (5) cannot apply to a place wholly outside the Australian jurisdiction, because a place wholly outside the Australian jurisdiction must not be included in the National Heritage List under section 324F.

(5B) The Minister must not alter the boundary of the listed place under subparagraph (5)(a)(ii) so as to include within the altered boundary an area in a foreign country unless:

(a) the Minister is satisfied that the national government of the foreign country has agreed to the inclusion in the List of the place including the area; and

(ii) if another Minister has administrative responsibilities relating to all or part of the area--that other Minister;

of the proposal to alter the boundary in that way and given the Ministers informed a reasonable opportunity to comment in writing whether the boundary should be altered in that way; and

(c) the Minister responsible for foreign affairs has agreed to the inclusion in the List of the place including the area.

(a) an alteration (under subparagraph (5)(a)(ii) of this section) of the boundary of a place included in the National Heritage List so as to exclude part of the place (as previously included) from the description of the place in the List (whether or not the alteration results in an overall increase or decrease in the extent of the place included in the List); or

(b) the removal of a place and its National Heritage values under subparagraph (5)(a)(iii) of this section; or

(7) If, under subsection (5), the Minister removes from the National Heritage List a place or a National Heritage value of a place, or alters the boundary of a place included in the List, the Minister must:

(b) within 10 business days, give written reasons for the removal or alteration to each person identified by the Minister as an owner or occupier of all or part of the place; and

(d) if the place was included on the List following a nomination of it by a person--within 10 business days of the removal or alteration, advise the person of the removal or alteration and give the person written reasons for it.

(a) the Australian Heritage Council's assessment whether the place meets any of the National Heritage criteria; and

(b) the comments (if any), a copy of which was given to the Minister by the Council under section 324G with the assessment; and

(c) the comments (if any) received in accordance with the notice (if any) published under section 324H in relation to the place; and

(d) the assessment (if any) requested under subsection 324H(4) of the merits of the comments received in accordance with the notice published under section 324H in relation to the place.

(9) The Minister must publish in accordance with the regulations (if any) a copy or summary of an instrument published in the Gazette under this section.

(1) This section is about compliance with a provision of this Subdivision that is before this section and that requires or permits an act to be done in relation to the place identified by express or implied reference to an earlier provision of this Subdivision.

(2) It is sufficient compliance with the provision if the act is done in relation to a place whose boundary overlaps the boundary of the place identified by reference to the earlier provision.

(3) This section does not affect the validity of the act so far as that depends on something other than the act being done in relation to the place.

(1) The Minister may remove all or part of a place from the National Heritage List only if the Minister is satisfied that:

(a) ignoring subsection 324D(2), the place no longer has any National Heritage values or the part no longer contributes to any of the National Heritage values of the place; or

(b) it is necessary in the interests of Australia 's defence or security to do so.

Note: A place or part of a place may also be removed from the National Heritage List under subsection 324J(5).

(2) The Minister may remove one or more National Heritage values included in the National Heritage List for a National Heritage place only if the Minister is satisfied that:

(a) ignoring subsection 324D(2), the place no longer has the National Heritage value or values; or

(b) it is necessary in the interests of Australia 's defence or security to do so.

(3) The Minister may remove all or part of a place, or a National Heritage value of a place, only by instrument:

Note: The Minister must first obtain and consider the advice of the Australian Heritage Council (see section 324M).

(a) removal ( removal for loss of value ) of a place, part or National Heritage value because of paragraph (1)(a) or (2)(a);

(b) removal of a place, part or National Heritage value because of paragraph (1)(b) or (2)(b).

If the instrument purports to deal with both kinds, it has no effect so far as it deals with a removal for loss of value.

(5) If the instrument deals only with removal for loss of value, the instrument:

(b) takes effect (despite section 48 of that Act) on the first day on which it is no longer liable to be disallowed, or to be taken to have been disallowed, under that section as it applies in relation to the instrument because of section 46A of that Act.

(6) Within 10 business days of publication of the instrument in the Gazette , the Minister must publish, on the Internet and in each other way required by the regulations (if any), a copy of the instrument.

(1) Before the Minister removes from the National Heritage List under section 324L all or part of a place or one or more of a place's National Heritage values in a removal for loss of value, the Minister must:

(a) give the Chair of the Australian Heritage Council a written request for the Council to give the Minister advice on the proposed removal; and

(b) publish, on the Internet, in a daily newspaper circulating in each State and self - governing Territory and in each other way required by the regulations (if any), a notice:

(ii) inviting anyone to give the Minister comments, within 20 business days, on the proposed removal.

The Minister must publish the notice within 20 business days of giving the request.

(2) The Australian Heritage Council must give the advice to the Minister within the period specified by the Minister.

(3) The Minister must consider the advice, if he or she receives it by the end of that period, and the comments (if any) received in accordance with the notice.

(4) In preparing the advice, the Australian Heritage Council must not consider any matter that does not relate to the National Heritage values of the place concerned.

(a) decide whether to remove from the National Heritage List the place or part concerned, or the National Heritage value or values of the place concerned; and

(b) if the Minister decides to remove the place or part, or the National Heritage value or values of the place--ensure that an instrument removing the place, part or National Heritage value or values is published in the Gazette under subsection 324L(3);

within 60 business days after the earlier of the advice being received by the Minister and the specified period for giving advice to the Minister ending.

(6) However, the time limit in subsection (5) does not apply if the place is wholly or partly outside the Australian jurisdiction.

(1) Subsection (2) has effect for the purposes of including in the National Heritage List for a National Heritage place one or more National Heritage values of the place that were not previously included in the List for the place.

(2) Sections 324E, 324F, 324G, 324H and 324J apply as if neither of the following had happened before the application of any of those sections because of this section:

(a) the Minister receiving from the Australian Heritage Council an assessment whether the place meets the National Heritage criteria;

(3) However, this section does not affect the inclusion in the National Heritage List of the place or the National Heritage values that were included in the List for the place before the application of this section. In particular, subsection 324J(5) in its application because of this section does not allow the Minister to:

(a) remove from the List the place or any of its National Heritage values that were included in the List for the place before the application of section 324F because of this section; or

(b) alter the boundary of the place as included in the List before the application of section 324F because of this section so as to exclude from the description of the place in the List part of the place as so included.

(a) up - to - date copies of the National Heritage List are available for free to the public on request; and

(b) an up - to - date copy of the National Heritage List is available on the Internet.

Note: The copies of the National Heritage List made publicly available may not contain certain information kept confidential under section 324Q.

(1) This section applies if the Minister considers that the heritage values of a place could be significantly damaged by the disclosure of some or all of the following information, or by the presence or actions of persons if some or all of the following information were disclosed publicly:

(2) It is sufficient compliance with this Act if only a general description of the place, its location or its National Heritage values is included in:

(1) A member of the Australian Heritage Council has a duty not to disclose the following to a person other than the Minister, an employee in the Department whose duties relate to the Council or another member of the Council:

(a) an assessment under section 324G whether a place meets any of the National Heritage criteria, any information relating to the assessment or any information about the nomination (if any) that led to the making of the assessment;

(b) advice under section 324M concerning a place or any information relating to the advice.

(a) the duty not to disclose a thing described in paragraph (1)(a) in relation to a place does not exist after:

(i) publication in the Gazette of an instrument under section 324J relating to the place; or

(ii) if the Minister is required by section 324J to do something in relation to the place by instrument published in the Gazette within a period specified in subsection 324J(2) or (5A) but does not--the end of that period; and

(b) the duty not to disclose a thing described in paragraph (1)(b) in relation to a place does not exist after:

(i) publication in the Gazette of an instrument under section 324L relating to the place; or

(ii) if the Minister is required by section 324M to do something in relation to the place by instrument published in the Gazette within the period specified in subsection 324M(5) but does not--the end of that period.

(3) After a member of the Australian Heritage Council has ceased under subsection (2) to have a duty not to disclose:

(a) an assessment under section 324G whether a place meets the National Heritage criteria; or

the member must give a copy of the assessment or advice to anyone who asks for it.

(a) a member of the Australian Heritage Council proposes to give a person under subsection (3) a copy of an assessment or advice relating to a place; and

(b) the member is aware that, under section 324Q, it would be sufficient compliance with this Act if the copy included only a general description of the place, its location or its National Heritage values;

the member must take reasonable steps to ensure that the copy given to the person does not include a more detailed description than is necessary for sufficient compliance with this Act under that section.

(1) The Minister must make a written plan to protect and manage the National Heritage values of each National Heritage place:

(b) that is outside the Australian jurisdiction and is entirely owned or controlled by a Commonwealth agency.

The Minister must do so as soon as practicable after the first time the place is:

Note: However, section 324T precludes the Minister from making plans for managing certain places.

(3) The Minister must give notice, in accordance with the regulations, if the Minister:

(b) not be inconsistent with the National Heritage management principles (see Subdivision E).

(5) If the National Heritage management principles change so that a plan (the earlier plan ) is inconsistent with them, the Minister must as soon as practicable make a written instrument:

(6) Before making, amending or revoking and replacing a plan, the Minister must:

(a) seek in accordance with the regulations, and consider, comments from anyone about the matters to be addressed by the proposed plan or amendment; and

(b) seek and consider comments from the Australian Heritage Council about those matters.

(1) Despite section 324S, the Minister must not make a plan for managing so much of a National Heritage place as is in a Commonwealth reserve and covered by another plan under this Act.

(2) Despite section 324S, the Minister must not make a plan for managing so much of a National Heritage place as is in the Territory of Heard Island and McDonald Islands and covered by a plan in operation under the Environment Protection and Management Ordinance 1987 of that Territory.

(b) authorise another person to do, or omit to do, anything that, if it were done or omitted to be done by the Commonwealth or the Commonwealth agency (as appropriate), would contravene such a plan.

(2) If there is no plan in force under section 324S for a particular National Heritage place described in subsection (1) of that section, the Commonwealth and each Commonwealth agency must take all reasonable steps to ensure that its acts (if any) relating to the place are not inconsistent with the National Heritage management principles.

To avoid doubt, a plan for managing a National Heritage place may be in the same document as:

(b) one or more other plans that this Act or another law of the Commonwealth requires or permits to be prepared.

(1) At least once in every 5 year period after a plan for managing a National Heritage place is made under section 324S, the Minister must cause a review of the plan to be carried out.

(a) assess whether the plan is consistent with the National Heritage management principles in force at the time; and

(b) assess whether the plan is effective in protecting and conserving the National Heritage values of the place; and

(3) The person carrying out the review must publish, on the Internet and in a daily newspaper circulating in each State and self - governing Territory, a notice inviting anyone to give the person comments within 20 business days on:

(a) whether the plan is consistent with the National Heritage management principles; and

(b) the effectiveness of the plan in protecting and conserving the National Heritage values of the place.

(4) In carrying out the review, the person must consider the comments (if any) received in accordance with the notice.

(1) This section applies to a National Heritage place that is not entirely within one or more Commonwealth areas and is:

(c) on, over or under the seabed vested in a State by the Coastal Waters (State Title) Act 1980 or in the Northern Territory by the Coastal Waters ( Northern Territory Title) Act 1980 .

(2) The Commonwealth must use its best endeavours to ensure a plan for managing the place, that is not inconsistent with the National Heritage management principles, is prepared and implemented in co - operation with the State or Territory.

(3) The Commonwealth, and each Commonwealth agency, must take all reasonable steps to ensure it exercises its powers and performs its functions in relation to the place in a way that is not inconsistent with:

(b) the plan for managing the place, if one has been prepared under subsection (2).

(1) The regulations must prescribe principles for managing National Heritage places. The principles prescribed are the National Heritage management principles .

(2) The regulations may prescribe obligations to implement or give effect to the National Heritage management principles if the obligations relate to:

(iii) a place outside the Australian jurisdiction that is owned or controlled by a Commonwealth agency; or

(d) the National Heritage values, to the extent that they are indigenous heritage values, of a National Heritage place; or

(e) the National Heritage values of a National Heritage place in an area in respect of which Australia has obligations under Article 8 of the Biodiversity Convention.

(3) A person must comply with the regulations to the extent that they impose obligations on the person.

(4) Paragraph (2)(e) applies only to a prescribed obligation that is appropriate and adapted to give effect to Australia 's obligations under Article 8 of the Biodiversity Convention.

(1) A Commonwealth agency that owns or controls a place that has, or might have, one or more National Heritage values must take all reasonable steps to assist the Minister and the Australian Heritage Council in the identification, assessment and monitoring of the place's National Heritage values.

(2) A Commonwealth agency that owns or controls all or part of a National Heritage place must take all reasonable steps to assist the Minister to make a plan under section 324S for the place.

(1) This section applies if a Commonwealth agency executes a contract for the sale or lease to someone else of a Commonwealth area in the Australian jurisdiction that is or includes all or part of a National Heritage place. It does not matter whether the agency executes the contract for the Commonwealth or on its own behalf.

(1A) The Commonwealth agency must give the Minister at least 40 business days' notice before executing the contract.

(2) The Commonwealth agency must ensure that the contract includes a covenant the effect of which is to protect the National Heritage values of the place, unless the agency is satisfied that:

(a) having regard to other means of protecting those values, including such a covenant in the contract is unnecessary to protect them or is unreasonable; or

(3) The Commonwealth agency must inform the Minister before executing the contract if:

(i) would not, or could not be made to, bind the successors in title of the buyer or lessee; or

(ii) could be insufficient to ensure the ongoing protection of the National Heritage values of the place; or

The information must include written reasons why paragraph (a) applies or why the agency is satisfied as described in subsection (2).

(4) If the Minister is informed of a matter in paragraph (3)(a) or that the Commonwealth agency is satisfied that it is unreasonable or impracticable to include such a covenant in the contract, the Minister must:

(a) take all reasonable measures to enter into a conservation agreement with the prospective buyer or lessee for the protection and conservation of the National Heritage values of the place; or

(b) advise the agency about measures to ensure the ongoing protection of the National Heritage values of the place.

(5) If the Minister is informed that the Commonwealth agency is satisfied that it is unnecessary to include such a covenant in the contract, the Minister may advise the agency about measures to ensure the ongoing protection of the National Heritage values of the place.

(6) If the Minister advises the Commonwealth agency under this section about measures to ensure the ongoing protection of the National Heritage values of the place, the agency must take all reasonable steps to ensure that the measures are taken.

(1) The Commonwealth may give financial or other assistance for the identification, promotion, protection or conservation of a National Heritage place to:

(a) a State or self - governing Territory in which the place or part of the place is located; or

(1) At least once in every 5 year period after the National Heritage List is established, the Minister must ensure that:

(b) any significant damage or threat to the National Heritage values of those places; and

(c) how many plans under Subdivisions C and D for managing National Heritage places have been made, or are being prepared, and how effectively the plans that have been made are operating; and

(d) the operation of any conservation agreements under Part 14 that affect National Heritage places; and

(e) all nominations, assessments and changes to the National Heritage List under this Division during the period of review; and

The Minister may only include a place in the Commonwealth Heritage List if the place is in a Commonwealth area, or is owned or leased by the Commonwealth or a Commonwealth agency outside the Australian jurisdiction, and the Minister is satisfied that the place has one or more Commonwealth Heritage values.

The Minister must ask the Australian Heritage Council for an assessment of the place's Commonwealth Heritage values and may invite public comments on the proposed inclusion of the place in the Commonwealth Heritage List.

Commonwealth agencies must make plans to protect and manage the Commonwealth Heritage values of Commonwealth Heritage places. The Commonwealth and Commonwealth agencies must not contravene those plans.

Commonwealth agencies also have other obligations.

The Commonwealth can provide assistance for the identification, promotion, protection or conservation of Commonwealth Heritage places.

This Division extends to places, acts and omissions outside the Australian jurisdiction, except so far as the contrary intention appears.

(1) The Minister must keep a written record of places and their heritage values in accordance with this Subdivision. The record is called the Commonwealth Heritage List .

Note: Later provisions of this Subdivision explain what places and heritage values are included in the Commonwealth Heritage List.

(2) A place may be included in the Commonwealth Heritage List only if the Minister is satisfied that the place:

(ii) is outside the Australian jurisdiction and is owned or leased by the Commonwealth or a Commonwealth agency; and

A place that is included in the Commonwealth Heritage List is called a Commonwealth Heritage place .

(1) A place has a Commonwealth Heritage value if and only if the place meets one of the criteria (the Commonwealth Heritage criteria ) prescribed by the regulations for the purposes of this section. The Commonwealth Heritage value of the place is the place's heritage value that causes the place to meet the criterion.

(2) The Commonwealth Heritage values of a Commonwealth Heritage place are the Commonwealth Heritage values of the place included in the Commonwealth Heritage List for the place.

(4) To avoid doubt, a criterion prescribed by the regulations may relate to one or more of the following:

(1) A person may, in accordance with the regulations (if any), nominate to the Minister a place for inclusion in the Commonwealth Heritage List.

(2) The Minister must give the Chair of the Australian Heritage Council a written request for the Council to assess under section 341G whether the place meets any of the Commonwealth Heritage criteria, unless the Minister rejects the nomination under this section.

(3) If the Minister must give the Chair a request, he or she must give the request within 10 business days after receiving the nomination, unless:

(b) the Minister includes the place in the Commonwealth Heritage List under section 341F (emergency listing) within that period.

(3A) After giving the Chair of the Australian Heritage Council a written request under subsection (2), the Minister must within 10 business days publish a brief description of the nomination on the Internet. In publishing the description, the Minister may have regard to section 341Q.

Note: The description published on the Internet may not contain certain information kept confidential under section 341Q.

(a) ask the person who nominated the place to provide additional information about the place within a specified period; and

(b) reject the nomination if the information is not provided within that period.

(6) The Minister may also reject the nomination if satisfied that it is vexatious, frivolous or not made in good faith.

(7) If the Minister rejects the nomination under this section, he or she must, as soon as reasonably practicable:

(1) This section applies (despite subsection 341C(2)) if the Minister believes that:

(ii) is outside the Australian jurisdiction and is owned or leased by the Commonwealth or a Commonwealth agency; and

(2) The Minister may, by instrument published in the Gazette , include in the Commonwealth Heritage List the place and the Commonwealth Heritage values the Minister believes the place has or may have, whether or not the Minister has, under this Subdivision, given the Chair of the Australian Heritage Council a written request for the Council to assess under section 341G whether the place meets any of the Commonwealth Heritage criteria.

(3) Within 10 business days after including the place in the Commonwealth Heritage List under this section, the Minister must give the Chair of the Australian Heritage Council a written request for the Council to assess under section 341G whether the place meets any of the Commonwealth Heritage criteria.

(4) However, subsection (3) does not apply if the Minister has already received from the Australian Heritage Council an assessment under section 341G whether the place meets any of the Commonwealth Heritage criteria.

(5) If the Minister includes the place in the Commonwealth Heritage List under this section, he or she must:

(a) within 10 business days, publish, on the Internet and in each other way required by the regulations (if any), a copy or summary of the instrument published in the Gazette ; and

(i) identify each person who is an owner or occupier of all or part of the place; and

(ii) advise each person identified that the place has been included in the Commonwealth Heritage List; and

(6) If a person requests the Minister in writing to include a place in the Commonwealth Heritage List under this section and the Minister has not done so within 10 business days after receiving the request, the Minister must:

(b) advise the person that the Minister has not included the place in the List; and

This subsection has effect (despite subsection (1)) whether or not the Minister has the belief described in that subsection in relation to the place and its heritage values (if any).

(1) The Minister may give the Chair of the Australian Heritage Council a written request for the Council to assess whether a place meets any of the Commonwealth Heritage criteria, whether or not the place is the subject of a nomination.

(2) The Australian Heritage Council must give the Minister a written assessment whether a place meets any of the Commonwealth Heritage criteria:

(a) within 12 months after the Minister gives the Chair of the Council (under this section or section 341E) the request for the assessment; or

(b) if the place is included in the Commonwealth Heritage List under section 341F (emergency listing)--within 40 business days after the Minister gives the Chair of the Council (under that section) the request for the assessment.

(2C) Within 10 business days of extending the period by notice under subsection (2A) or (2B), the Minister must:

(b) give a copy of the notice to each person (if any) who nominated the place being covered by the assessment.

(3) The Australian Heritage Council, on its own initiative, may assess whether a place meets any of the Commonwealth Heritage criteria, whether or not the place is the subject of a nomination. If the Council does so, it may give the assessment to the Minister.

(3A) Before giving the Minister an assessment under this section whether a place meets any of the Commonwealth Heritage criteria, the Australian Heritage Council:

(i) stating that the Council is assessing whether the place meets any of the Commonwealth Heritage criteria; and

(ii) inviting comments in writing, within a specified period that is reasonable having regard to the time by which the Council must give the assessment to the Minister, on whether the place meets any of the Commonwealth Heritage criteria and whether the place should be included in the Commonwealth Heritage List; and

(b) must consider, subject to subsection (5), the comments (if any) the Council receives within the period.

(4) If, in making an assessment, the Australian Heritage Council considers that a place within the Australian jurisdiction might have one or more Commonwealth Heritage values, the Council must:

(i) to identify each person who is an owner or occupier of all or part of the place; and

(ii) if the Council considers the place might have an indigenous heritage value--to identify each indigenous person who has rights or interests in all or part of the place; and

(b) take all practicable steps to advise each person identified that the Council is assessing whether the place meets any of the Commonwealth Heritage criteria; and

(c) give persons advised a reasonable opportunity to comment in writing whether the place should be included in the Commonwealth Heritage List.

(5) In assessing whether a place meets any of the Commonwealth Heritage criteria, the Australian Heritage Council must not consider any matter that does not relate to the question whether the place meets the Commonwealth Heritage criteria.

(1A) This section applies if and only if, within 20 business days after the day on which the Minister receives from the Australian Heritage Council under section 341G an assessment whether a place meets any of the Commonwealth Heritage criteria, the Minister decides that this section should apply. This section continues to apply even if the Minister revokes the decision.

(1) The Minister must publish, in accordance with the regulations (if any), a notice inviting comments on the inclusion or proposed inclusion of the place in the Commonwealth Heritage List. The notice may specify:

(a) that comments should address particular matters relating to the inclusion or proposed inclusion of the place in the List; or

(2) The notice must be published within 20 business days after the day on which the Minister receives from the Australian Heritage Council an assessment under section 341G whether the place meets any of the Commonwealth Heritage criteria.

(b) if the place is included in the Commonwealth Heritage List under section 341F (emergency listing)--20 business days after the notice is published.

(5) On the first day on which the Minister publishes the notice, the Minister must publish, in accordance with the regulations (if any):

(b) a summary of the documents (if any), copies of which were given to the Minister by the Australian Heritage Council under that section with the assessment; and

(i) a statement (the listing proposal ) that the Minister proposes that the place be included in the Commonwealth Heritage List;

(ii) a statement that the Minister proposes that the place not be included in the Commonwealth Heritage List;

(iii) a statement that the Minister does not have a view whether or not the place should be included in the Commonwealth Heritage List; and

(i) identifying the Commonwealth Heritage values that the Minister proposes be included in the Commonwealth Heritage List for the place; and

(1) After receiving from the Australian Heritage Council an assessment under section 341G whether a place, except one that is or includes a place included in the Commonwealth Heritage List under section 341F (whether before, on or after receipt of the assessment), meets any of the Commonwealth Heritage criteria, the Minister must:

(a) by instrument published in the Gazette , include in the Commonwealth Heritage List the place and its Commonwealth Heritage values specified in the instrument; or

Note 2: The Minister may include a place in the Commonwealth Heritage List only if the Minister is satisfied that the place:

(a) is entirely within a Commonwealth area or is both outside the Australian jurisdiction and owned or leased by the Commonwealth or a Commonwealth agency; and

Note 3: Section 341N deals with how additional Commonwealth Heritage values may be included in the Commonwealth Heritage List for a Commonwealth Heritage place.

(a) within 20 business days after the day on which the Minister receives the assessment; or

(b) if section 341H applies in relation to the place--within 60 business days after the end of the period mentioned in paragraph 341H(3)(a) for the place.

However, this subsection does not apply if the place is wholly or partly outside the Australian jurisdiction.

(3) If the Minister includes the place in the Commonwealth Heritage List, he or she must, within a reasonable time:

(i) identify each person who is an owner or occupier of all or part of the place; and

(ii) advise each person identified that the place has been included in the Commonwealth Heritage List; and

(b) if the place was nominated by a person--advise the person that the place has been included in the Commonwealth Heritage List ; and

(i) a copy of the instrument published in the Gazette including the place and its Commonwealth Heritage values in the List; and

(ii) the Minister's reasons for including the place and those values in the List.

(4) If the Minister decides not to include in the Commonwealth Heritage List a place (whether the decision is made after publishing a notice under section 341H or not), the Minister must:

(b) if the place was nominated by a person--advise the person of the decision within 10 business days and give the person written reasons for the decision ; and

(5) After receiving from the Australian Heritage Council an assessment under section 341G whether a place that is or includes a place (the listed place ) included in the Commonwealth Heritage List under section 341F (whether before, on or after receipt of the assessment) meets any of the Commonwealth Heritage criteria, the Minister must, by instrument published in the Gazette :

(i) state that the listed place remains in the Commonwealth Heritage List with its boundary unaltered;

(ii) alter the boundary of the listed place described in the Commonwealth Heritage List (whether or not the alteration results in an overall increase or decrease in the extent of the place included in the List);

(iii) remove from the Commonwealth Heritage List the listed place and its Commonwealth Heritage values; and

(b) if the listed place is not removed from the Commonwealth Heritage List under subparagraph (a)(iii)--do all or any of the following:

(i) state that specified Commonwealth Heritage values included in the List under section 341F for the place remain in the List for the place;

(ii) include in the List for the place specified Commonwealth Heritage values of the place that were not included in the List under section 341F for the place;

(iii) remove from the List for the place specified Commonwealth Heritage values that were included in the List under section 341F for the place.

(a) within 20 business days after the day on which the Minister receives the assessment; or

(b) if section 341H applies in relation to the place covered by the assessment--within 15 business days after the end of the period mentioned in subsection 341H(3) for the place.

However, this subsection does not apply if the place covered by the assessment is wholly or partly outside the Australian jurisdiction.

(a) an alteration (under subparagraph (5)(a)(ii) of this section) of the boundary of a place included in the Commonwealth Heritage List so as to exclude part of the place (as previously included) from the description of the place in the List (whether or not the alteration results in an overall increase or decrease in the extent of the place included in the List); or

(b) the removal of a place and its Commonwealth Heritage values under subparagraph (5)(a)(iii) of this section; or

(7) If, under subsection (5), the Minister removes from the Commonwealth Heritage List a place or a Commonwealth Heritage value of a place, or alters the boundary of a place included in the List, the Minister must:

(b) within 10 business days, give written reasons for the removal or alteration to each person identified by the Minister as an owner or occupier of all or part of the place; and

(a) the Australian Heritage Council's assessment whether the place meets any of the Commonwealth Heritage criteria; and

(b) the comments (if any), a copy of which was given to the Minister by the Council under section 341G with the assessment; and

(c) the comments (if any) received in accordance with the notice (if any) published under section 341H in relation to the place; and

(d) the assessment (if any) requested under subsection 341H(4) of the merits of the comments received in accordance with the notice published under section 341H in relation to the place.

(9) The Minister must publish in accordance with the regulations (if any) a copy or summary of an instrument published in the Gazette under this section.

(2) It is sufficient compliance with the provision if the act is done in relation to a place whose boundary overlaps the boundary of the place identified by reference to the earlier provision.

(3) This section does not affect the validity of the act so far as that depends on something other than the act being done in relation to the place.

(1) The Minister must remove all or part of a place from the Commonwealth Heritage List as soon as practicable after the Minister becomes aware that:

(b) the place or part is no longer owned or leased by the Commonwealth or a Commonwealth agency, if the place or part is outside the Australian jurisdiction.

(2) The Minister may remove all or part of a place from the Commonwealth Heritage List only if the Minister is satisfied that:

(a) ignoring subsection 341D(2), the place no longer has any Commonwealth Heritage values or the part no longer contributes to any of the Commonwealth Heritage values of the place; or

(b) it is necessary in the interests of Australia 's defence or security to do so.

Note: A place or part of a place may also be removed from the Commonwealth Heritage List under subsection 341J(5).

(3) The Minister may remove one or more Commonwealth Heritage values included in the Commonwealth Heritage List for a Commonwealth Heritage place only if the Minister is satisfied that:

(a) ignoring subsection 341D(2), the place no longer has the Commonwealth Heritage value or values; or

(b) it is necessary in the interests of Australia 's defence or security to do so.

(4) The Minister can remove all or part of a place, or a Commonwealth Heritage value of a place, only by instrument:

Note: The Minister must first obtain and consider the advice of the Australian Heritage Council (see section 341M).

(a) removal ( removal for loss of value ) of a place, part or Commonwealth Heritage value because of paragraph (2)(a) or (3)(a);

(b) removal of a place, part or Commonwealth Heritage value because of subsection (1) or paragraph (2)(b) or (3)(b).

If the instrument purports to deal with both kinds, it has no effect so far as it deals with a removal for loss of value.

(6) If the instrument deals only with removal for loss of value, the instrument:

(7) Within 10 business days of publication of the instrument in the Gazette , the Minister must publish, on the Internet and in each other way required by the regulations (if any), a copy of the instrument.

(1) Before the Minister removes from the Commonwealth Heritage List under section 341L all or part of a place or one or more of a place's Commonwealth Heritage values in a removal for loss of value, the Minister must:

(a) give the Chair of the Australian Heritage Council a written request for the Council to give the Minister advice on the proposed removal; and

(b) publish, on the Internet, in a daily newspaper circulating in each State and self - governing Territory and in each other way required by the regulations (if any), a notice:

(ii) inviting anyone to give the Minister comments, within 20 business days, on the proposed removal.

The Minister must publish the notice within 20 business days of giving the request.

(2) The Australian Heritage Council must give the advice to the Minister within the period specified by the Minister.

(3) The Minister must consider the advice, if he or she receives it by the end of that period, and the comments (if any) received in accordance with the notice.

(4) In preparing the advice, the Australian Heritage Council must not consider any matter that does not relate to the Commonwealth Heritage values of the place concerned.

(a) decide whether to remove from the Commonwealth Heritage List the place or part concerned, or the Commonwealth Heritage value or values of the place concerned; and

(b) if the Minister decides to remove the place or part, or the Commonwealth Heritage value or values of the place--ensure that an instrument removing the place, part or Commonwealth Heritage value or values is published in the Gazette under subsection 341L(4);

within 60 business days after the earlier of the advice being received by the Minister and the specified period for giving advice to the Minister ending.

(6) However, the time limit in subsection (5) does not apply if the place is wholly or partly outside the Australian jurisdiction.

(1) Subsection (2) has effect for the purposes of including in the Commonwealth Heritage List for a Commonwealth Heritage place one or more Commonwealth Heritage values of the place that were not previously included in the List for the place.

(2) Sections 341E, 341F, 341G, 341H and 341J apply as if neither of the following had happened before the application of any of those sections because of this section:

(a) the Minister receiving from the Australian Heritage Council an assessment whether the place meets the Commonwealth Heritage criteria;

(3) However, this section does not affect the inclusion in the Commonwealth Heritage List of the place or the Commonwealth Heritage values that were included in the List for the place before the application of this section. In particular, subsection 341J(5) in its application because of this section does not allow the Minister to:

(a) remove from the List the place or any of its Commonwealth Heritage values that were included in the List for the place before the application of section 341F because of this section; or

(b) alter the boundary of the place as included in the List before the application of section 341F because of this section so as to exclude from the description of the place in the List part of the place as so included.

(a) up - to - date copies of the Commonwealth Heritage List are available for free to the public on request; and

(b) an up - to - date copy of the Commonwealth Heritage List is available on the Internet.

Note: The copies of the Commonwealth Heritage List made publicly available may not contain certain information kept confidential under section 341Q.

(2) It is sufficient compliance with this Act if only a general description of the place, its location or its Commonwealth Heritage values is included in:

(a) an assessment under section 341G whether a place meets any of the Commonwealth Heritage criteria, any information relating to the assessment or any information about the nomination (if any) that led to the making of the assessment;

(b) advice under section 341M concerning a place or any information relating to the advice.

(a) the duty not to disclose a thing described in paragraph (1)(a) in relation to a place does not exist after:

(i) publication in the Gazette of an instrument under section 341J relating to the place; or

(ii) if the Minister is required by section 341J to do something in relation to the place by instrument published in the Gazette within a period specified in subsection 341J(2) or (5A) but does not--the end of that period; and

(b) the duty not to disclose a thing described in paragraph (1)(b) in relation to a place does not exist after:

(i) publication in the Gazette of an instrument under section 341L relating to the place; or

(ii) if the Minister is required by section 341M to do something in relation to the place by instrument published in the Gazette within the period specified in subsection 341M(5) but does not--the end of that period.

(3) After a member of the Australian Heritage Council has ceased under subsection (2) to have a duty not to disclose:

(a) an assessment under section 341G whether a place meets the Commonwealth Heritage criteria; or

the member must give a copy of the assessment or advice to anyone who asks for it.

(a) a member of the Australian Heritage Council proposes to give a person under subsection (3) a copy of an assessment or advice relating to a place; and

(b) the member is aware that, under section 341Q, it would be sufficient compliance with this Act if the copy included only a general description of the place, its location or its Commonwealth Heritage values;

(1) A Commonwealth agency must make a written plan to protect and manage the Commonwealth Heritage values of a Commonwealth Heritage place it owns or controls. The agency must do so within the period mentioned either:

(a) at the time the agency starts owning or controlling the place, in the agency's heritage strategy under section 341ZA; or

Note: However, a Commonwealth agency must not make plans for managing certain places (see section 341U).

(2) The Commonwealth agency may, in writing, amend the plan or revoke and replace the plan.

(3) A Commonwealth agency must give notice, in accordance with the regulations, if the agency:

(b) not be inconsistent with the Commonwealth Heritage management principles (see Subdivision D).

(5) If the Commonwealth Heritage management principles change so that a plan (the earlier plan ) is inconsistent with them, the agency concerned must as soon as practicable make a written instrument:

(6) Before making, amending or revoking and replacing a plan, the agency concerned must:

(a) ask the Minister for advice on the proposed plan or amendment and must take account of any such advice received from the Minister; and

(b) seek in accordance with the regulations, and consider, comments from anyone about the matters to be addressed by the proposed plan or amendment.

(7) The Minister must consult with the Australian Heritage Council in preparing an advice for the purposes of this section.

(1) A Commonwealth agency that makes a plan for managing a Commonwealth Heritage place may ask the Minister to endorse the plan. If the Commonwealth agency does so, it must give the Minister a copy of the plan.

Note: An agency that has a plan endorsed under this section is not required to ask for advice under section 341ZD about taking certain actions.

(1A) The Minister must decide within 60 business days of being given the copy of the plan whether or not to endorse the plan.

(1B) Within 10 business days of making the decision, the Minister must inform the Commonwealth agency in writing of the decision and publish on the Internet a notice of the decision.

(a) may only endorse a plan that the Minister is satisfied provides for the conservation of the Commonwealth Heritage values of the place concerned; and

(b) must not endorse a plan that the Minister considers is inconsistent with the Commonwealth Heritage management principles (see Subdivision D).

(3) The Minister may, at any time, revoke an endorsement of a plan if the Minister considers it appropriate to do so.

(1) Despite section 341S, a Commonwealth agency must not make a plan for managing so much of a Commonwealth Heritage place as is in a Commonwealth reserve and covered by another plan under this Act.

(2) Despite section 341S, a Commonwealth agency must not make a plan for managing so much of a Commonwealth Heritage place as is in the Territory of Heard Island and McDonald Islands and covered by a plan in operation under the Environment Protection and Management Ordinance 1987 of that Territory.

(b) authorise another person to do, or omit to do, anything that, if it were done or omitted to be done by the Commonwealth or the Commonwealth agency (as appropriate), would contravene such a plan.

(2) If there is no plan in force under section 341S for a particular Commonwealth Heritage place, the Commonwealth and each Commonwealth agency must take all reasonable steps to ensure that its acts (if any) relating to the place are not inconsistent with the Commonwealth Heritage management principles.

To avoid doubt, a plan for managing a Commonwealth Heritage place may be in the same document as:

(b) one or more other plans that this Act or another law of the Commonwealth requires or permits to be prepared.

(1) At least once in every 5 year period after a plan for managing a Commonwealth Heritage place is made under section 341S, the Commonwealth agency concerned must cause a review of the plan to be carried out.

(a) assess whether the plan is consistent with the Commonwealth Heritage management principles in force at the time; and

(b) assess whether the plan is effective in protecting and conserving the Commonwealth Heritage values of the place; and

(a) whether the plan is consistent with the Commonwealth Heritage management principles; and

(b) the effectiveness of the plan in protecting and conserving the Commonwealth Heritage values of the place.

(4) In carrying out the review, the person must consider the comments (if any) received in accordance with the notice.

(1) The regulations must prescribe principles for managing Commonwealth Heritage places. The principles prescribed are the Commonwealth Heritage management principles .

(2) The regulations may prescribe obligations to implement or give effect to the Commonwealth Heritage management principles.

(3) A person must comply with the regulations to the extent that they impose obligations on the person.

A Commonwealth agency that owns or controls a place that has, or might have, one or more Commonwealth Heritage values must take all reasonable steps to assist the Minister and the Australian Heritage Council in the identification, assessment and monitoring of the place's Commonwealth Heritage values.

(1) If a Commonwealth agency owns or controls one or more places, the agency must:

(a) prepare a written heritage strategy for managing the places to protect and conserve their Commonwealth Heritage values; and

Note: The heritage strategy will apply to every place the agency owns or controls.

(1A) Before making a heritage strategy, the Commonwealth agency must consult the Australian Heritage Council and take into account any advice the agency receives from the Council.

(2) The Commonwealth agency may, in writing, amend the heritage strategy or revoke and replace the heritage strategy. The Commonwealth agency must give the Minister a copy of the amended or replacement strategy within 20 business days of the amendment or replacement.

(a) mention the period within which the Commonwealth agency must make a plan under section 341S; and

(b) mention the period within which the Commonwealth agency must do the things mentioned in subsection 341ZB(1); and

(4) The Minister must advise the Commonwealth agency whether or not the agency's heritage strategy (whether original, amended or replacement) is inconsistent with the Commonwealth Heritage management principles.

(5) At least once in every 3 year period after a heritage strategy is made, the Commonwealth agency concerned must cause a review of the strategy to be carried out.

(6) The agency must give the Minister a written report of the review. The report must address the matters prescribed by the regulations (if any).

(1) A Commonwealth agency must do all of the following within the period mentioned in its heritage strategy:

(a) conduct a program to identify Commonwealth Heritage values for each place it owns or controls;

(b) produce a register that sets out, for each place it owns or controls, the Commonwealth Heritage values (if any) of that place;

(5) If a report under paragraph (1)(c) indicates that a place owned or controlled by a Commonwealth agency may have one or more Commonwealth Heritage values, information from the report may be used or referred to in a nomination of the place for inclusion in the Commonwealth Heritage List.

A Commonwealth agency must not take an action that has, will have or is likely to have an adverse impact on the National Heritage values of a National Heritage place or the Commonwealth Heritage values of a Commonwealth Heritage place, unless:

(b) all measures that can reasonably be taken to mitigate the impact of the action on those values are taken.

(1) Before a Commonwealth agency takes an action that has, will have or is likely to have a significant impact on a Commonwealth Heritage place, the agency must ask the Minister for advice about taking the action.

(a) the agency has a plan for managing the place that is endorsed by the Minister under section 341T; and

(3) Within 30 business days after an agency asks for advice under subsection (1), the Minister must give written advice to the agency. The Minister must consult with the Australian Heritage Council in preparing the advice.

(4) The Minister may ask an agency to provide additional information about the action or place concerned. If the Minister does so, the period in subsection (3) stops on the day the Minister asks for that information until the day after that information is provided.

(1) This section applies if a Commonwealth agency executes a contract for the sale or lease to someone else of a Commonwealth area in the Australian jurisdiction that is or includes all or part of a Commonwealth Heritage place. It does not matter whether the agency executes the contract for the Commonwealth or on its own behalf.

(1A) The Commonwealth agency must give the Minister at least 40 business days' notice before executing the contract.

(2) The Commonwealth agency must ensure that the contract includes a covenant the effect of which is to protect the Commonwealth Heritage values of the place, unless the agency is satisfied that:

(a) having regard to other means of protecting those values, including such a covenant in the contract is unnecessary to protect them or is unreasonable; or

(3) The Commonwealth agency must inform the Minister before executing the contract if:

(i) would not, or could not be made to, bind the successors in title of the buyer or lessee; or

(ii) could be insufficient to ensure the ongoing protection of the Commonwealth Heritage values of the place; or

The information must include written reasons why paragraph (a) applies or why the agency is satisfied as described in subsection (2).

(a) take all reasonable measures to enter into a conservation agreement with the prospective buyer or lessee for the protection and conservation of the Commonwealth Heritage values of the place; or

(b) advise the agency about measures to ensure the ongoing protection of the Commonwealth Heritage values of the place.

(6) If the Minister advises the Commonwealth agency under this section about measures to ensure the ongoing protection of the Commonwealth Heritage values of the place, the agency must take all reasonable steps to ensure that the measures are taken.

(a) an authority established for the government of the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands by or under a law applying in the Territory; and

(b) an action that has, will have or is likely to have a significant impact on a Commonwealth Heritage place in the Territory.

(2) The authority must ask the Minister for advice about the action before the authority decides whether to give an authorisation (however described) under a law applying in the Territory, or under an instrument made under such a law, for a person to take the action.

(3) The Minister must give the authority written advice about the action within a reasonable time of being asked. The Minister must consult the Australian Heritage Council in preparing the advice.

(4) The Minister may ask the authority for extra information about the action before giving the advice.

(1) The Commonwealth may give financial or other assistance for the identification, promotion, protection or conservation of a Commonwealth Heritage place to any person.

(1) At least once in every 5 year period after the Commonwealth Heritage List is established, the Minister must ensure that:

(b) any significant damage or threat to the Commonwealth Heritage values of those places; and

(c) how many plans under Subdivision C for managing Commonwealth Heritage places have been made, or are being prepared, and how effectively the plans that have been made are operating; and

(d) the operation of any conservation agreements under Part 14 that affect Commonwealth Heritage places; and

(e) all nominations, assessments and changes to the Commonwealth Heritage List under this Division during the period of review; and

(ii) address the matters prescribed by regulations made for the purposes of paragraph 324S(4)(a); and

(i) not be inconsistent with the Commonwealth Heritage management principles; and

(ii) address the matters prescribed by regulations made for the purposes of paragraph 341S(4)(a).

Subject to this Act, the Minister must have regard to information in the Register of the National Estate kept under the Australian Heritage Council Act 200 3 in making any decision under this Act to which the information is relevant.

"Australian Heritage Council" means the body established by the Australian Heritage Council Act 200 3 .

"Commonwealth Heritage List" means the list kept under Subdivision B of Division 3A of Part 15.

"Commonwealth Heritage management principles" has the meaning given by section 341Y.

(e) the social, economic and cultural aspects of a thing mentioned in paragraph (a), (b) or (c).

Note: The places mentioned in paragraph (d) of the definition of environment include places included in the Register of the National Estate kept under the Australian Heritage Council Act 2003 .

"heritage value" of a place includes the place's natural and cultural environment having aesthetic, historic, scientific or social significance, or other significance, for current and future generations of Australians.

"indigenous heritage value" of a place means a heritage value of the place that is of significance to indigenous persons in accordance with their practices, observances, customs, traditions, beliefs or history.

"National Heritage List" means the list kept under Subdivision B of Division 1A of Part 15.

"National Heritage management principles" has the meaning given by section 324Y.

(b) a building or other structure, or group of buildings or other structures (which may include equipment, furniture, fittings and articles associated or connected with the building or structure, or group of buildings or structures); and

(c) in relation to the protection, maintenance, preservation or improvement of a place--the immediate surroundings of a thing in paragraph (a) or (b).

16C	section 27B	the environment in a Commonwealth Heritage place outside the Australian jurisdiction
16D	subsections 27C(1) and (2)	the environment in a Commonwealth Heritage place outside the Australian jurisdiction

1B	section 15B	the National Heritage values of a National Heritage place
1C	section 15C	the National Heritage values of a National Heritage place

Commonwealth Consolidated Acts

ENVIRONMENT AND HERITAGE LEGISLATION AMENDMENT ACT (NO. 1) 2003 - SCHEDULE 1